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Terms and Conditions
Terms of Service

Tour2.0 Global Writers (Pty) Ltd. (hereafter referred to as “Tour2.0”, “we”, “us”, or “our”) provides access to data, information, points of interest, activity packages, special deals, tours, and offers regarding travel destinations and activities and an online platform that connects guides who have unique knowledge and experience with a particular travel destination or activity with consumers seeking to experience such destinations and activities (collectively with the Site and Application (each as defined below), the “Services”). The Services are accessible at www.tour2-0.com and any other websites through which Tour2.0 makes the Services available (collectively, the “Site”) and any related applications (the “Application”). By using the Services, you warrant that you have read, understand and agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and constitute a binding legal agreement between you and Tour2.0. Please carefully read these Terms, our Privacy Policy, our Traveller Refund Policy and our Copyright Policy (available at www.tour2-0.com ) each of which is incorporated by reference into these Terms and which collectively govern our relationship & each which you warrant that you have read, understand and agree to comply with and be legally bound by and that any misapprehensions you may have, have been addressed. If you do not agree to these Terms as indicated above, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties.

THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH EXPERIENCES (DEFINED BELOW) ARE LISTED AND TRAVELLERS (DEFINED BELOW) MAY READ ABOUT AND BOOK SUCH EXPERIENCES. YOU UNDERSTAND AND AGREE THAT TOUR2.0 IS NOT AN INSURER. TOUR2.0 HAS NO CONTROL OVER THE CONDUCT OF THE COMMUNITY AMBASSADORS (GUIDES) TRAVELLERS AND OTHER USERS OF THE SERVICES OR ANY EXPERIENCES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Key Terms

“Tour2.0 Content” means all Content that Tour2.0 makes available through the Services, including any Content licensed from a third party. Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. “Traveller” means an individual who requests a booking of an Experience via the Services. “Experience” means a tour or package found on the Tour2.0 platform.

Certain portions of the Services (and your access to or use of certain aspects of the Services) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific portion of the Services, the latter terms and conditions will take precedence.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR OTHERWISE THROUGH THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity that you represent to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

Tour2.0 reserves the right, at its sole discretion, to modify the Services at any time and will use its best endeavours to notify you of such changes. If we modify these Terms, we will post the modification on the Site or via the Services or provide you with notice of the modification. Any changes will become effective immediately upon your acceptance of the modified Terms, whether by, without limitation, requesting the booking of an Experience. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. If you use the Services you will be deemed to have accepted same.

Eligibility

The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

How the Site, Application and Services Work

The Services can be used to facilitate the booking of tours and activities (“Experiences”). Such Experiences are included in the Discover page (the Discover page is the web page that catalogues all Tour2.0’s experiences).

As stated above, Tour2.0 is an online platform that connects international visitors who are looking for authentic community based experiences, with local community based tour guides who offer these experiences. Tour2.0 is not an operator of tours, activities or other Experiences, nor is it a provider of tours, activities or other Experiences and Tour2.0 does not own, sell, resell, furnish, provide, manage and/or control any transportation, tour or travel services. Tour2.0’s responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Guide for the purpose of; informing them of tours that are booked, accepting payments from Travellers on behalf of the Guide.

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF EXPERIENCES. TOUR2.0 IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL EXPERIENCES, SAVE FOR ANY CLAIMS THAT MAY BE ARISE IN TERMS OF THE CONSUMER PROTECTION ACT, ACT 68 OF 2008 (‘the CPA’) IF THE CPA IS APPLICABLE. ACCORDINGLY AND SUBJECT TO THE AFOREMENTIONED, ANY BOOKINGS WILL BE MADE AT THE TRAVELLER’S OWN RISK.

Fees

Listings of Experiences will specify the Total Fees (Fees to experience the tour, to be transferred to and from the tour and Tour2.0’s service fee). Tour2.0 is required to either confirm or reject the booking within the specified timeframe (which is generally within 48 hours) of when the booking is made, as determined by Tour2.0 (in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by Tour2.0), any amounts collected by Tour2.0 will be refunded to such Traveller, depending on the selections the Traveller makes via the Site and Application, and any pre-authorization of such Traveller’s credit card will be released, if applicable.

You agree to pay Tour2.0 for the Total Fees for any booking requested that are confirmed. In order to establish a booking pending Tour2.0’s confirmation of your requested booking, you understand and agree that Tour2.0, on behalf of the Guide, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one Rand (R1), or a similar sum in the currency in which you are transacting (e.g. one Euro or one British Pound) to verify your credit card. Once Tour2.0 confirms your booking, Tour2.0 will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that Tour2.0 cannot control any fees that may be charged to a Traveller by his or her bank related to Tour2.0’s collection of the Total Fees, and Tour2.0 disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Tour2.0 or its third party payment processor. You agree to pay Tour2.0 for any confirmed bookings made in connection in accordance with these Terms by one of the methods as may be described on the Site or Application – e.g. by credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Tour2.0 or indirectly, via a third party online payment processor or by one of the other payment methods as may be described on the Site or Application. You also authorize Tour2.0 to charge your credit card in the event of damage caused at an Experience as contemplated under “Damage to Experiences” below and for Security Deposits, if applicable. If you are directed to Tour2.0’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking and a call from a Tour2.0 representative.

General Booking and Financial Terms
Traveller Cancellations and Refunds

If, as a Traveller, you cancel your Experience you agree to pay Tour2.0 for the fees for any booking requested and confirmed by Tour2.0 and once your booking is confirmed by Tour2.0, your Experience is non-refundable, except as provided below. If, as a Traveller, you bucket to cancel a confirmed booking made via the Services, the cancellation policy as provided below will apply to such cancellation. For each such policy, you will remain liable for the non-refundable Traveller Fee. By default, the Standard Cancellation Policy (described below) will apply to such cancellation. However, some unique Experiences require a higher level of protection due to the nature of the Experience and the expenses involved. The Strict Cancellation Policy (described below) will apply to such cancellation.

Standard Cancellation Policy
  1. If, as a traveller, you cancel your Experience at any point after before the Experience commencement date (date which the Experience has been booked), a 20% cancellation fee is applicable.
  2. If, as a traveller, you cancel your Experience 30 – 21 days before the Experience commencement date (date which the Experience has been booked), a 30% cancellation fee is applicable.
  3. If, as a traveller, you cancel your Experience 20 – 15 days before the Experience commencement date, a 50% cancellation fee is applicable.
  4. If, as a traveller, you cancel your Experience 14 – 03 days before the Experience commencement date, a 75% cancellation fee is applicable.
  5. If, as a traveller, you cancel your Experience 02 – 01 days before the Experience commencement date, a 100% cancellation fee is applicable.
  6. In the case of a “no show”, a 100% cancellation fee is applicable.
Unforeseen Circumstances

Regardless of whether the Standard Cancellation Policy applies to the cancellation of a particular Experience, Tour2.0 retains sole discretion to make case-by-case cancellation decisions. If you are a Traveller, please contact us immediately at terms@tour2-0.com if unforeseen circumstances should arise that prevent you from taking the Experience (for example, a death in the Traveller’s family or political unrest at the location of the Experience). If you are a Guide, you hereby acknowledge that Tour2.0 retains sole discretion with respect to cancellation of Experiences.

Tour2.0 Cancellations and Refunds

If Tour2.0 cancels a confirmed booking made via the Services, (i) Tour2.0 will refund the Total Fees for such booking to the applicable Traveller within a commercially reasonable time of the cancellation and (ii) the Traveller may receive an email or other communication from Tour2.0 containing alternative Experiences and other related information. If the Traveller requests a booking from one of the alternative Experiences and Tour2.0 confirms the Traveller’s requested booking, then the Traveller agrees to pay Tour2.0 the Total Fees relating to the confirmed booking for the Experience in the alternative Listing, in accordance with these Terms. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference. If Tour2.0 cancelled a confirmed booking and you, as a Traveller, have not received an email or other communication from Tour2.0, please contact Tour2.0 at terms@tour2-0.com.

Cancellation in the Event of Inclement Weather

Certain Experiences may be weather-dependent. Notwithstanding the foregoing, in the event of inclement weather, Tour2.0 has the discretion as to whether the weather conditions will prevent the Experience from taking place. Subject to the Traveller’s consent, Tour2.0 and the Traveller may choose to reschedule the Experience for another date.

If the Experience cannot be rescheduled, as a Traveller, we may assist in finding a replacement, non-weather-dependent Experience. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference.

As a Traveller, if Tour2.0 is unable to find you a replacement Experience, Tour2.0 may refund the Total Fees for such booking to the applicable Traveller within a commercially reasonable time of the cancellation.

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Tour2.0 cannot and does not offer Tax-related advice to any users of the Services.

Foreign Currency

As part of the Services, Tour2.0 may provide a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Traveller) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by Tour2.0. The currency in which you will be charged may be determined by Tour2.0 based on the payment method you select and the location of the Experience you are booking.

Damage

As a Traveller, you are responsible for leaving the all personal, real or other property associated with an Experience (including equipment, vehicles, spaces and other property) in the condition it was in when you arrived. You acknowledge and agree that, as a Traveller, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to attend, participate in, or otherwise provide access to, the Experience. In the event that a Guide claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond. Tour2.0 also reserves the right collect payment from you and pursue any avenues available to Tour2.0 in this regard, including using Security Deposits, in situations in which you have been determined, in Tour2.0’s sole discretion, to have damaged any Experience, including, but not limited to, in relation to any payments made to Tour2.0. If we are unable to collect payment from you, you agree to remit payment for any damage to the Experience to Tour2.0 (if applicable), be it by means of cash, EFT, debit order or debiting your credit card.

Both Travellers and Guides agree to cooperate with and assist Tour2.0 in good faith, and to provide Tour2.0 with such information and take such actions as may be reasonably requested by Tour2.0, in connection with any complaints or claims made by Travellers relating to Experiences or any personal, real or other property associated with an Experience or with respect to any investigation undertaken by Tour2.0 or a representative of Tour2.0 regarding use or abuse of the Services. If you are a Traveller, upon Tour2.0’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Guide, at no cost to you, which process will be conducted by Tour2.0 or a third party selected by Tour2.0, with respect to losses for which the Guide is requesting payment from you.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Services, you may not and you agree that you will not:

1.1.1 Canvass or solicit the business of any customer in respect of any service or facility, which is then offered by Tour2.0. The Employee furthermore undertakes not to handle the business of any such client for the period stated if it is offered or becomes available to him/her. The Employee also undertakes to bring the content and extent of this restraint to the attention of any customer/client of Tour2.0 that approaches him/her; and/or

1.1.2 Encourage, entice, persuade or induce any customer to terminate or alter his relationship with Tour2.0 or to refrain from entering into such a relationship as the case may be; and/or

1.1.3 Encourage, entice, persuade or induce any employee of Tour2.0 to terminate or breach his/her employment with Tour2.0, or to seek to change the terms of his/her employment or employ or offer to employ any employee of Tour2.0; and/or

1.1.4 Render services to any customer of Tour2.0; and/or

1.1.5 Canvass, solicit or entice the custom or deal with or supply any goods or services which may in any way be the same or similar to or in competition with the business of Tour2.0; and/or

1.1.6 Solicit appointment as a distributor, licensee, franchisee, agent or representative of any customer of Tour2.0; and/or

1.1.7 Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; and/or

1.1.8 Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content; and/or

1.1.9 Use the Services for any commercial or other purposes that are not expressly permitted by these Terms; and/or

1.1.10 Copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms; and/or

1.1.11 Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; and/or

1.1.12 Interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; and/or

1.1.13 Use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; and/or

1.1.14 Use the Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to Experiences; and/or

1.1.15 “stalk” or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Tour2.0 Traveller; and/or

1.1.16 When acting as a Traveller or otherwise, recruit or otherwise solicit any Guide to join third party services or websites that are competitive to Tour2.0, without Tour2.0’s prior written approval (for clarity and without diminishing any of Term’s rights to enforce these Terms, Tour2.0 may take any legal action if Tour2.0 deems appropriate, including by prosecuting such Member to the fullest extent of the law); and/or

1.1.17 Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer’s Listing); and/or

1.1.18 Use automated scripts to collect information or otherwise interact with the Services; use the Services to find a Guide and then complete a booking of an Experience transaction independent of the Services, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to Tour2.0’s provision of the Services.

Tour2.0 will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Tour2.0 may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. In particular, in the case of any solicitation, you acknowledge that Tour2.0 has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Ownership

The Services (including the Site and Application) are protected by copyright, trademark, and other laws of South Africa and foreign countries. You acknowledge and agree that the Services (including the Site and Application), including all associated intellectual property rights is the exclusive property of Tour2.0 and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services (including the Site and Application).

Tour2.0 Content License

Subject to your compliance with the terms and conditions of these Terms, Tour2.0 grants you a limited, non-exclusive, non-transferable license to access and view any Tour2.0 Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tour2.0 or its licensors, except for the licenses and rights expressly granted in these Terms.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Tour2.0 is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Tour2.0 of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Tour2.0 used herein are trademarks or registered trademarks of Tour2.0. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at feedback@tour2-0.com . You acknowledge and agree that all Feedback will be the sole and exclusive property of Tour2.0 and you hereby irrevocably assign to Tour2.0 and agree to irrevocably assign to Tour2.0 all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Tour2.0’s request and expense, you will execute documents and take such further acts as Tour2.0 may reasonably request to assist Tour2.0 to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

The client and authority

The person requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read, had explained (where applicable), understand and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as ‘the Client’).

Third party service providers

Tour2.0 provides Clients with travel and/or other services either itself or acting as agents for principals engaged in or associated with the travel and tourism industry, such as airlines (‘collectively referred to as ‘the Principal’). Tour2.0 represents the Principals as agents only and accordingly accepts no liability for any loss, damage, illness, harm, injury or death which any Client may suffer as a result of any alteration act or omission on the part of or the failure of the Principals to fulfill their obligations, whether in relation to travel arrangements, accommodation or otherwise unless, in the case of injury or death, it is due to the negligent act or omission of Tour2.0. The contract in use by the Principals (which is often constituted by the ticket issued by the Principal), shall constitute the sole contract between the Principal and the Client and any right of recourse the Client may have, will be solely against such Principal. Tour2.0 will provide the identity and terms and conditions of (or access thereto) all the Principals relevant to the service being provided for the Client’s booking. It’s the Client’s responsibility to familiarise itself with such terms and conditions (‘the Principal’s Conditions’).

Prices

Note that Tour2.0 reserves the right to amend the Tour Price if an unreasonable time lapses between the date the Estimate is submitted to the Client and the date it is returned to Tour2.0. Furthermore, prices are quoted at the ruling daily exchange rate. Until Tour2.0 has received payment of the Tour Price in full, it reserves the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Price prior to making full and final payment. However, once payment of the Tour Price in full is received, the Tour Price is guaranteed (subject to statutory increases such as VAT). Should it be a group booking and the group number deviate from the number required for the Booking, Tour2.0 reserves the right to re-cost the Tour Price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, Tour2.0 reserves the right to cancel the tour and retain any payment made.

Insurance

It is strongly advised that all Clients take out adequate insurance cover such as cancellation due to illness, accident or injury personal accident and personal liability, loss of or damage to baggage and sports equipment (Note that is not an exhaustive list). Tour2.0 will not be responsible or liable if the Client fails to take adequate insurance cover or at all. It shall not be obligatory upon Tour2.0 to effect insurance for the Client except upon detailed instructions given in writing and all insurance affected by Tour2.0 pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk, and Tour2.0 shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only. Once the insurance has been confirmed and paid for, the Client will be issued with a policy document of the insurer. It is a complex document, which must be read BEFORE YOU initiate your travel so that you can address any queries you may have to the insurer PRIOR to your departure.

Please note that various credit card companies offer limited levels of travel insurance, which Tour2.0 does not consider sufficient cover for international travel. Kindly check with the respective credit card companies in order to obtain the specific details of the cover.

Travel documents

Documents (vouchers, itineraries etc) are only prepared and released on receipt of payment of Tour Price in full.

Passports, Visas & Health

It is the entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with Tour2.0 before travelling. Tour2.0 will endeavour to assist the Client but such assistance will be at Tour2.0's discretion and the Client acknowledges that in doing so, Tour2.0 is not assuming any obligation or liability and the Client indemnifies Tour2.0 against any consequences of non-compliance. It is the Client’s duty to familiarise him/herself with the inherent dangers of and mental and/or physical condition required for the Proposed Travel Arrangements. Please note that All visitors to South Africa and all clients who are travelling from RSA to another country are required to have a minimum of three blank pages in their passport excluding the front and back cover to enable the entry visa to be issued – However in each case a further enquiry should be addressed to the consulate or embassy of the relevant countries being visited. If there is insufficient space in the passport entry will be denied and the person is likely to be detained pending return to their country of origin. Please ensure that all passports are renewed. The Client must ensure that the details supplied to Tour2.0 mirror those details shown on their passport for international travel and ID documents for local travel.

Malaria and other tropical diseases: warning

Certain parts covered by your itinerary are areas where there is a high-risk of malaria and other tropical diseases. We strongly recommend that the necessary precautions be taken in this regard and recommend that you check with your medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon your arrival in Africa or any other tropical or sub-tropical destination. If you have not done so prior to departure, it is imperative you do so upon your return.

Breakaways

While it is possible to break away from planned holiday itineraries, it is understood that such breakaways will be for the Client’s account.

Law & Jurisdiction

South African law and the jurisdiction of South African courts will govern the relationship between the Client and Tour2.0 ,Tour2.0 shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.

Special requests

Client, who has special requests, must specify such requests to Tour2.0 in the Enquiry. Whilst Tour2.0 will use its best endeavours to accommodate such requests, it does not guarantee that it will.

Confidentiality

Subject to statutory constraints or compliance with an order of court, Tour2.0 undertakes to deal with all Client information of a personal nature on a strictly confidential basis.

Dispute-Resolution

Any and all dispute arising out of or in connection with the Conditions including any question regarding its existence, validity or termination, shall be dealt with as follows:

  1. Firstly the parties will meet within 5 (five) working days of the dispute arising in an attempt to resolve the matter amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Johannesburg within two (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules. The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.
  2. Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application.
Disclaimers

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TOUR2.0 DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY TRAVELLER OR GUIDE, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES (INCLUDING THE SITE AND APPLICATION) ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TOUR2.0 EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TOUR2.0 MAKES NO WARRANTY THAT THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY EXPERIENCES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TOUR2.0 MAKES NO WARRANTY REGARDING THE QUALITY OF ANY EXPERIENCES, THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TOUR2.0 OR THROUGH THE SITE, APPLICATION, SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. TOUR2.0 EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELLER OR OTHER THIRD PARTY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES OR BOOKING OF ANY EXPERIENCES VIA THE SERVICES REMAINS WITH YOU. NEITHER TOUR2.0 NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY EXPERIENCE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TOUR2.0 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnification and Release

You agree to release, defend, indemnify, and hold Tour2.0 and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services or your violation of these Terms and (b) your (i) booking of an Experience, (ii) the use, condition or quality of an Experience, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participating in or booking an Experience.

Reporting Misconduct

If you participate in an Experience with anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Tour2.0 by contacting us with your police station and report number at terms@tour2-0.com ; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

These Terms, the Privacy Policy, our Traveller Refund Policy and our Copyright Policy collectively constitute the entire and exclusive understanding and agreement between Tour2.0 and you regarding the Services and any bookings of Experiences made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Tour2.0 and you regarding bookings or listings of Experiences and the Services.

Assignment

You may not assign or transfer the Experience these Terms, by operation of law or otherwise, without Tour2.0’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Tour2.0 may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Tour2.0 (i) via post to the physical address that you provide or (ii) by posting to the Site or via the Application or (iii) via email (in each case to the address that you provide). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Tour2.0 to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tour2.0. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Tour2.0

If you have any questions about these Terms or any Application, please contact Tour2.0 at terms@tour2-0.com.

Privacy Policy
Privacy Policy

Tour2.0 Global Writers (Pty) Ltd (“Tour2.0”, “our”,“we” or “us”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.tour2-0.com (the “Site”) and any related applications (the “Application”) and otherwise, through the Service. This Privacy Policy applies only to information that you provide to us through the Service. This Privacy Policy may be updated from time to time. We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by means of a notice via the Service prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Unless otherwise defined in this Privacy Policy, terms used and capitilized in this Privacy Policy have the same meanings as used or defined in our Terms of Service (at www.tour2-0.com).
As used in this policy, the terms “using” and “processing” (which includes to ‘collect, disseminate or merge’ as envisaged in the Protection of Private Information Bill) information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within South Africa or internationally.

International Transfer

YOUR INFORMATION MAY BE TRANSFERRED TO - AND MAINTAINED ON - COMPUTERS LOCATED OUTSIDE OF YOUR STATE, PROVINCE, COUNTRY OR OTHER GOVERNMENTAL JURISDICTION WHERE THE PRIVACY LAWS MAY NOT BE AS PROTECTIVE AS THOSE IN YOUR JURISDICTION. IF YOU ARE LOCATED OUTSIDE OF SOUTH AFRICA AND CHOOSE TO PROVIDE INFORMATION TO US, TOUR 2.0 TRANSFERS PERSONAL INFORMATION TO SOUTH AFRICA AND PROCESSES IT THERE. YOUR CONSENT TO THIS PRIVACY POLICY FOLLOWED BY YOUR SUBMISSION OF SUCH INFORMATION REPRESENTS YOUR AGREEMENT TO THAT TRANSFER.

Information Collection and Use

Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content (collectively, the “Service”), to administer your use of the Service and to enable users to enjoy and easily navigate the Service.

Personally Identifiable Information

When you choose to book an Experience we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Identity Information”). Identity Information includes, but is not limited to, your name, phone number, email address, identity number, and home postal address. In order to process some of your transactions through the Service , we may also ask for your credit card number and other billing information (“Billing Information”) (Identity Information and Billing Information together, “Personal Information”). If the address associated with a Listing you post matches that of your credit card billing address, that address would be considered Identity Information. Some Personal Information may be required, like your name and email address, and other Personal Information may be optional, like your date of birth. We use your Personal Information to provide the Service and administer your inquiries.

We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Tour2.0 Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how the Service is used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

We also use your Personal Information to contact you with Tour2.0 newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer bucket to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications. Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.

Log Data

When you visit the Service, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer's Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to the Service, pages of the Service that you visit, the time spent on those pages, information you search for on the Service, access times and dates, and other statistics. We use this information to monitor and analyze use of the Service and for the Service’s technical administration, to increase the Service’s functionality and user-friendliness, and to better tailor the Service to our visitors' and users’ needs. We also use this information to verify that visitors to and users of the Service meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information. Cookies Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. Our cookies help provide additional functionality to the Services and help us analyze Services usage more accurately. For instance, our Services may set a cookie on your browser that allows you to access the Services without needing to remember and then enter a password more than once during a visit to the Services. In all cases in which we use cookies, we will not collect Personal Data except with your permission. Third party advertisers on the Service may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. We may also use Flash cookies, which operate differently than browser cookies and cookie management tools available in a web browser may not remove flash cookies. To learn more about and manage flash cookies you can visit adobe.com and make changes at the privacy settings panel. If you do not accept cookies, however, you may not be able to use all portions of the Service or all functionality of the Service.

Web Beacons

Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs), which would be used along with cookies to compile aggregated statistics to analyze how the Service is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This would allow us to gauge the effectiveness of our customer communications and marketing campaigns.

Phishing

Identity theft and the practice currently known as “phishing” are of great concern to Tour2.0. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.

Information Sharing and Disclosure

Aggregate Information and Non-Identifying Information

We may share aggregated information that does not identify you personally and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not identify you personally.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and Application-related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of Tour2.0 Users and improvement of the Service's features) or to assist us in analyzing how our Service is used. These third parties may have access to your Personal Information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose. You can, at any time, opt out of receiving such communications. Third party vendors, like Google, may use cookies to serve ads based on a Tour2.0 User's prior visits to Tour2.0. You can disable these specific cookies that track prior visits for the sake of follow-up advertising by opting out at http://www.google.com/privacy_ads.html.

Compliance with Laws and Law Enforcement; Guarantee Program

Tour2.0 cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Tour2.0 or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary or appropriate to protect the property and rights of Tour2.0 or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

Business Transfers

Tour2.0 may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Security

Tour2.0 takes reasonable steps to protect the Personal Information provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Information to Tour2.0 via the Internet.

Links to Other Websites

Our Site and Application may contain links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Testimonials

With your consent we may post your testimonial on the Service along with your name. If you want your testimonial removed please contact us.

Our Policy toward Children

The Service is not directed to individuals under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at terms@tour2-0.com

Refund Policy
Traveller Refund Policy Terms

These terms and conditions govern the Tour2.0 Traveller Refund Policy (the “Traveller Refund Policy”) available to Travellers who book and pay for an Experience listed on the Tour2.0 platform (the “Site”) and suffer a Travel Issue and the obligations of the Guide associated with the Traveller Refund Policy.

Travel Issue. A “Travel Issue” means any one of the following:

a) The Guide of the Experience (i) cancels a reservation within 24 hours before the scheduled start of the reservation, (ii) fails to arrive for the Experience within 20 minutes of the scheduled start time, or (iii) fails to provide the Traveller with the reasonable ability to access the Experience (e.g., by allowing the Traveller access to the space in which the Experience will happen or begin if applicable).


b) The description of the Experience in the stories on the Site is materially inaccurate with respect to (i) the duration of the Experience, (ii) the content of the Experience (including but not limited to the stated activities or sites, as applicable), or (iii) the physical location of the Experience. c) During the Traveller’s Experience, conditions do not meet safety or health hazards that would be reasonably expected, given the nature of the particular Experience, in Tour2.0’s judgment.

The Traveller Refund Policy

If you are a Traveller and suffer a Travel Issue, we agree, at our sole and unfettered discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by Tour2.0 in our sole and unfettered discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Experience which in our determination is reasonably comparable to the Experience described in your original reservation in terms of content and quality. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference. All determinations of Tour2.0 with respect to the Traveller Refund Policy, including without limitation the size of any refund, shall be final and binding on the Travellers and Guides.

b) The description of the Experience in the stories on the Site is materially inaccurate with respect to (i) the duration of the Experience, (ii) the content of the Experience (including but not limited to the stated activities or sites, as applicable), or (iii) the physical location of the Experience. c) During the Traveller’s Experience, conditions do not meet safety or health hazards that would be reasonably expected, given the nature of the particular Experience, in Tour2.0’s judgment.

Conditions to Claim a Travel Issue

Only a Traveller may submit a claim for a Travel Issue. If you are a Traveller, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:


a) You must report the Travel Issue to Tour2.0 in writing (at terms@tour2-0.com) or via telephone and provide us with information (including evidence) about the Experience and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue;


b) You must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence); and


c) You must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Guide prior to making a claim for a Travel Issue (and you must provide evidence of having done so).

General Provisions

a) No Assignment/No Insurance. This Traveller Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Traveller, and the Traveller has not paid any premium in respect of the Traveller Refund Policy. The benefits provided under this Traveller Refund Policy are not assignable or transferable by you.


b) Modification or Termination. Tour2.0 reserves the right to modify or terminate this Traveller Refund Policy, at any time, in its sole discretion, and without prior notice. Such changes will be posted on our website from time to time so please peruse the website before booking a Service.


c) If Tour2.0 modifies this Traveller Refund Policy, we will post the modification on the Site or provide you with notice of the modification and Tour2.0 will continue to process all claims for Travel Issues made prior to the effective date of the modification.


d) Entire Agreement and Definitions. This Traveller Refund Policy constitutes the entire and exclusive understanding and agreement between Tour2.0 and you regarding the Traveller Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Tour2.0 and you regarding the Traveller Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Tour2.0 Terms of Service.


e) Limitation of Liability. IN NO EVENT WILL TOUR2.0’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS TOUR2.0 POLICY TERMS, EXCEED THE AMOUNT OF THE EXPERIENCE FEES COLLECTED BY TOUR2.0 FROM THE TRAVELLER. YOU ACKNOWLEDGE AND AGREE THAT, BY BOOKING AN EXPERIENCE OR OTHERWISE USING THE SITE, SERVICES AS A TRAVELLER, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.

Contacting Tour2.0

If you have any questions about these Traveller Refund Policy, please contact Tour2.0 at terms@tour2-0.com

Copyright Policy
Notification of Copyright Infringement:

Tour2.0 Global Writers (Pty) Ltd. (“Tour2.0”) respects the intellectual property rights of others and expects its users to do the same. Unless otherwise defined in this Copyright Policy, terms used and capitalized in this Copyright Policy have the same meanings as used or defined in our Terms of Service page (www.tour2-0.com).

It is Tour2.0’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyright or other intellectual property rights of others.

In accordance with The Paris Convention (1886) administered by WIPO – patents, trademarks and designs, The Berne Convention (1889) administered by WIPO – copyright, The TRIPS (Trade-Related Intellectual Property) Agreement (1996) administered by WTO – all IP and related matters, The International Biodiversity Convention (2005) – Plant protection and Digital Millennium Copyright Act (1998). Tour2.0 will respond expeditiously to claims of copyright infringement that are reported to Tour2.0’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged or threatened or potential copyright infringements by completing the following DMCA Notice of Alleged Infringement. Upon receipt of the Notice as described below, Tour2.0 will take whatever action, in its sole and unfettered discretion, it deems appropriate, including removal of the challenged material from the Services. A notification of claimed copyright infringement should be emailed to Tour2.0 (Subject line: “DMCA Takedown Request”) at terms@tour2-0.com.


DMCA Notice of Alleged Infringement (“Notice”)

To be effective, the notification must be in writing and contain the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
  • Your physical address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and
  • If possible a copy of the infringing material.
Counter-Notice

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use such content, you may send a written counter-notice containing the following information to Tour2.0’s Designated Copyright Agent (“Counter-Notice”):

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

Upon receipt of the Counter-Notice by Tour2.0’s Designated Copyright Agent, Tour2.0 will send a copy of the Counter-Notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Tour2.0’s sole discretion

User Policy
1. Sign Up / Registration / Opening of a User Account

1.1 Opening of a User Account

Prior to booking an Experience on www.tour2-0.com , you need to open a user account and register. When you register, you will enter personal information that will, as far as necessary, be forwarded to the mediated to the tour supplier during the course of the booking process.


1.2 Eligibility to register

Registration is restricted to actionable persons. In the case of registration of a company or a legal body, the person conducting the registration must have proper authorization to act in the name of the company or legal body, respectively. There is no entitlement to registration or use of the booking platform.
You need to register with your official name. Registrations under a pseudonym are not allowed. Tour2.0 may delete accounts under wrong names, pseudonyms etc.


1.3 Number of User Accounts

The registration of more than one user account for the same natural or legal person is not allowed. The user account is not transferable.


1.4 Truthful information

You are required to provide accurate information and keep it up to date. Tour2.0 is not liable, if a booked service cannot be carried out or other damages occur, because of outdated information.


1.5 Communication

If you book a certain service, all booking and payment processes, cancellation of the booking etc. need to be conducted using the specific forms on the Tour2.0 platform, to which you receive links in the e-mails Tour2.0 sends you upon completion of the booking process. Otherwise there may be difficulties in the proper completion or termination of the contract. In this case, Tour2.0 is not liable.


1.6 No offers

The published tours, packages and other services are non-binding offers.


1.7 Booking process

If you decide to book a specific Experience, you need to make the request through the relevant booking interface on the Tour2.0 website and enter accurate information. The request needs to be dispatched by pressing the Book instantly button.


1.8 Obligation concerning the Request

You are bound to your request (offer) for two work days. For calculation of time, the time zone of the service provider is authoritative.


1.9 Acceptance of Tour2.0

If the requested Experience is available on the proposed booking date, Tour2.0 will answer your request within the given period of time. Upon the acceptance of the request, the contract between you and Tour2.0 provider becomes effective. The charges for the booked service will be deducted from your credit card or bank account. If Tour2.0 declines the request, the contract between you and Tour2.0 does not become effective. You will be notified for the acceptance or non-acceptance of your request via e-mail.


1.10 Eligibility Requirements

Tour2.0 may set eligibility requirements for the various products on our platform. These you will find in the Details of the tour tab within each Experience page. You are self-responsible to fulfill these requirements. The service provider is entitled to disapprove or exclude you from a certain service, in case that you do not fulfill the requirements. In this case, there will be no refund.


1.11 Cancellation of a booking

If you need to cancel a booked service, it is mandatory to do this through the booking confirmation email that you receive or by contacting Tour2.0 directly. Please see our cancellation policy.


2. Review System

2.1 Review System

Upon completing an Experience, you have the opportunity to review the booked service using the Tour2.0 review system. The Tour2.0 Review System aims to create a meaningful and accurate profile of the performance, reliability and trustworthiness of the service provider.


2.2 True and accurate assessment

You are obliged to make only factual and truthful statements. Inaccurate, irrelevant, insulting comments etc. are to be omitted. Tour2.0 explicitly reserves the right to delete such reviews without giving further reasons. Tour2.0 also has the right to exclude you from further use of the Tour2.0 Platform and to delete your account. Tour2.0 and affected service providers reserve the right for further legal action, in particular compensation of damages.


3. Legal relationship with Tour2.0

3.1 Position of Tour2.0

Tour2.0 provides a platform by facilitating the booking of an Experience between you and the service provider of your choice. The contract relating to the service booked is solely between you and the supplier of the service. Tour2.0 is not a contractual partner for the booked service. Tour2.0 acts solely as the mediator between you and the supplier of the tour or touristic service.


3.2 Your liability

If you cause any damage to Tour2.0, you will be held responsible for it. You are in particular responsible for your entries in the "Review System".


3.3 Liability of Tour2.0

If you make a booking, Tour2.0 is only liable to you in cases of gross misconduct (including gross negligence). Tour2.0 is not liable for slight negligence, auxiliary persons, and the mediated supplier and their auxiliary persons. The liability is limited to the immediate damage, excluding consequential damages, loss of profit etc. The liability for punitive damage compensation is also excluded. Further limitations of liability or liability exclusions in these Terms or applicable legal provisions are reserved. The liability for computer viruses, spyware programs, and other damages caused by computer programs is excluded.
If you are an unregistered visitor and have not made a booking yet, you are subject to the General Terms of Use.


Terms

Terms and Conditions
Terms of Service

Tour2.0 Global Writers (Pty) Ltd. (hereafter referred to as “Tour2.0”,“we”, “us”, or “our”) provides access to data, information, points of interest, activity packages, special deals, tours, and offers regarding travel destinations and activities and an online platform that connects guides who have unique knowledge and experience with a particular travel destination or activity with consumers seeking to experience such destinations and activities (collectively with the Site and Application (each as defined below), the “Services”). The Services are accessible at www.tour2-0.com and any other websites through which Tour2.0 makes the Services available (collectively, the “Site”) and any related applications (the “Application”). By using the Services, you warrant that you have read, understand and agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and constitute a binding legal agreement between you and Tour2.0. Please carefully read these Terms, our Privacy Policy, our Traveller Refund Policy and our Copyright Policy (available at www.tour2-0.com ) each of which is incorporated by reference into these Terms and which collectively govern our relationship & each which you warrant that you have read, understand and agree to comply with and be legally bound by and that any misapprehensions you may have, have been addressed. If you do not agree to these Terms as indicated above, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties.

THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH EXPERIENCES (DEFINED BELOW) ARE LISTED AND TRAVELLERS (DEFINED BELOW) MAY READ ABOUT AND BOOK SUCH EXPERIENCES. YOU UNDERSTAND AND AGREE THAT TOUR2.0 IS NOT AN INSURER. TOUR2.0 HAS NO CONTROL OVER THE CONDUCT OF THE COMMUNITY AMBASSADORS (GUIDES) TRAVELLERS AND OTHER USERS OF THE SERVICES OR ANY EXPERIENCES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Key Terms

“Tour2.0 Content” means all Content that Tour2.0 makes available through the Services, including any Content licensed from a third party. Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. “Traveller” means an individual who requests a booking of an Experience via the Services. “Experience” means a tour or package found on the Tour2.0 platform.

Certain portions of the Services (and your access to or use of certain aspects of the Services) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific portion of the Services, the latter terms and conditions will take precedence.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR OTHERWISE THROUGH THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity that you represent to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

Tour2.0 reserves the right, at its sole discretion, to modify the Services at any time and will use its best endeavours to notify you of such changes. If we modify these Terms, we will post the modification on the Site or via the Services or provide you with notice of the modification. Any changes will become effective immediately upon your acceptance of the modified Terms, whether by, without limitation, requesting the booking of an Experience. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. If you use the Services you will be deemed to have accepted same.

Eligibility

The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

How the Site, Application and Services Work

The Services can be used to facilitate the booking of tours and activities (“Experiences”). Such Experiences are included in the Discover page (the Discover page is the web page that catalogues all Tour2.0’s experiences).

As stated above, Tour2.0 is an online platform that connects international visitors who are looking for authentic community based experiences, with local community based tour guides who offer these experiences. Tour2.0 is not an operator of tours, activities or other Experiences, nor is it a provider of tours, activities or other Experiences and Tour2.0 does not own, sell, resell, furnish, provide, manage and/or control any transportation, tour or travel services. Tour2.0’s responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Guide for the purpose of; informing them of tours that are booked, accepting payments from Travellers on behalf of the Guide.

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF EXPERIENCES. TOUR2.0 IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL EXPERIENCES, SAVE FOR ANY CLAIMS THAT MAY BE ARISE IN TERMS OF THE CONSUMER PROTECTION ACT, ACT 68 OF 2008 (‘the CPA’) IF THE CPA IS APPLICABLE. ACCORDINGLY AND SUBJECT TO THE AFOREMENTIONED, ANY BOOKINGS WILL BE MADE AT THE TRAVELLER’S OWN RISK.

Fees

Listings of Experiences will specify the Total Fees (Fees to experience the tour, to be transferred to and from the tour and Tour2.0’s service fee). Tour2.0 is required to either confirm or reject the booking within the specified timeframe (which is generally within 48 hours) of when the booking is made, as determined by Tour2.0 (in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by Tour2.0), any amounts collected by Tour2.0 will be refunded to such Traveller, depending on the selections the Traveller makes via the Site and Application, and any pre-authorization of such Traveller’s credit card will be released, if applicable.

You agree to pay Tour2.0 for the Total Fees for any booking requested that are confirmed. In order to establish a booking pending Tour2.0’s confirmation of your requested booking, you understand and agree that Tour2.0, on behalf of the Guide, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one Rand (R1), or a similar sum in the currency in which you are transacting (e.g. one Euro or one British Pound) to verify your credit card. Once Tour2.0 confirms your booking, Tour2.0 will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that Tour2.0 cannot control any fees that may be charged to a Traveller by his or her bank related to Tour2.0’s collection of the Total Fees, and Tour2.0 disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Tour2.0 or its third party payment processor. You agree to pay Tour2.0 for any confirmed bookings made in connection in accordance with these Terms by one of the methods as may be described on the Site or Application – e.g. by credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Tour2.0 or indirectly, via a third party online payment processor or by one of the other payment methods as may be described on the Site or Application. You also authorize Tour2.0 to charge your credit card in the event of damage caused at an Experience as contemplated under “Damage to Experiences” below and for Security Deposits, if applicable. If you are directed to Tour2.0’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking and a call from a Tour2.0 representative.

General Booking and Financial Terms
Traveller Cancellations and Refunds

If, as a Traveller, you cancel your Experience you agree to pay Tour2.0 for the fees for any booking requested and confirmed by Tour2.0 and once your booking is confirmed by Tour2.0, your Experience is non-refundable, except as provided below. If, as a Traveller, you bucket to cancel a confirmed booking made via the Services, the cancellation policy as provided below will apply to such cancellation. For each such policy, you will remain liable for the non-refundable Traveller Fee. By default, the Standard Cancellation Policy (described below) will apply to such cancellation. However, some unique Experiences require a higher level of protection due to the nature of the Experience and the expenses involved. The Strict Cancellation Policy (described below) will apply to such cancellation.

Standard Cancellation Policy
  1. If, as a traveller, you cancel your Experience at any point after before the Experience commencement date (date which the Experience has been booked), a 20% cancellation fee is applicable.
  2. If, as a traveller, you cancel your Experience 30 – 21 days before the Experience commencement date (date which the Experience has been booked), a 30% cancellation fee is applicable.
  3. If, as a traveller, you cancel your Experience 20 – 15 days before the Experience commencement date, a 50% cancellation fee is applicable.
  4. If, as a traveller, you cancel your Experience 14 – 03 days before the Experience commencement date, a 75% cancellation fee is applicable.
  5. If, as a traveller, you cancel your Experience 02 – 01 days before the Experience commencement date, a 100% cancellation fee is applicable.
  6. In the case of a “no show”, a 100% cancellation fee is applicable.
Unforeseen Circumstances

Regardless of whether the Standard Cancellation Policy applies to the cancellation of a particular Experience, Tour2.0 retains sole discretion to make case-by-case cancellation decisions. If you are a Traveller, please contact us immediately at terms@tour2-0.com if unforeseen circumstances should arise that prevent you from taking the Experience (for example, a death in the Traveller’s family or political unrest at the location of the Experience). If you are a Guide, you hereby acknowledge that Tour2.0 retains sole discretion with respect to cancellation of Experiences.

Tour2.0 Cancellations and Refunds

If Tour2.0 cancels a confirmed booking made via the Services, (i) Tour2.0 will refund the Total Fees for such booking to the applicable Traveller within a commercially reasonable time of the cancellation and (ii) the Traveller may receive an email or other communication from Tour2.0 containing alternative Experiences and other related information. If the Traveller requests a booking from one of the alternative Experiences and Tour2.0 confirms the Traveller’s requested booking, then the Traveller agrees to pay Tour2.0 the Total Fees relating to the confirmed booking for the Experience in the alternative Listing, in accordance with these Terms. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference. If Tour2.0 cancelled a confirmed booking and you, as a Traveller, have not received an email or other communication from Tour2.0, please contact Tour2.0 at terms@tour2-0.com.

Cancellation in the Event of Inclement Weather

Certain Experiences may be weather-dependent. Notwithstanding the foregoing, in the event of inclement weather, Tour2.0 has the discretion as to whether the weather conditions will prevent the Experience from taking place. Subject to the Traveller’s consent, Tour2.0 and the Traveller may choose to reschedule the Experience for another date.

If the Experience cannot be rescheduled, as a Traveller, we may assist in finding a replacement, non-weather-dependent Experience. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference.

As a Traveller, if Tour2.0 is unable to find you a replacement Experience, Tour2.0 may refund the Total Fees for such booking to the applicable Traveller within a commercially reasonable time of the cancellation.

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Tour2.0 cannot and does not offer Tax-related advice to any users of the Services.

Foreign Currency

As part of the Services, Tour2.0 may provide a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Traveller) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by Tour2.0. The currency in which you will be charged may be determined by Tour2.0 based on the payment method you select and the location of the Experience you are booking.

Damage

As a Traveller, you are responsible for leaving the all personal, real or other property associated with an Experience (including equipment, vehicles, spaces and other property) in the condition it was in when you arrived. You acknowledge and agree that, as a Traveller, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to attend, participate in, or otherwise provide access to, the Experience. In the event that a Guide claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond. Tour2.0 also reserves the right collect payment from you and pursue any avenues available to Tour2.0 in this regard, including using Security Deposits, in situations in which you have been determined, in Tour2.0’s sole discretion, to have damaged any Experience, including, but not limited to, in relation to any payments made to Tour2.0. If we are unable to collect payment from you, you agree to remit payment for any damage to the Experience to Tour2.0 (if applicable), be it by means of cash, EFT, debit order or debiting your credit card.

Both Travellers and Guides agree to cooperate with and assist Tour2.0 in good faith, and to provide Tour2.0 with such information and take such actions as may be reasonably requested by Tour2.0, in connection with any complaints or claims made by Travellers relating to Experiences or any personal, real or other property associated with an Experience or with respect to any investigation undertaken by Tour2.0 or a representative of Tour2.0 regarding use or abuse of the Services. If you are a Traveller, upon Tour2.0’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Guide, at no cost to you, which process will be conducted by Tour2.0 or a third party selected by Tour2.0, with respect to losses for which the Guide is requesting payment from you.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Services, you may not and you agree that you will not:

1.1.1 Canvass or solicit the business of any customer in respect of any service or facility, which is then offered by Tour2.0. The Employee furthermore undertakes not to handle the business of any such client for the period stated if it is offered or becomes available to him/her. The Employee also undertakes to bring the content and extent of this restraint to the attention of any customer/client of Tour2.0 that approaches him/her; and/or

1.1.2 Encourage, entice, persuade or induce any customer to terminate or alter his relationship with Tour2.0 or to refrain from entering into such a relationship as the case may be; and/or

1.1.3 Encourage, entice, persuade or induce any employee of Tour2.0 to terminate or breach his/her employment with Tour2.0, or to seek to change the terms of his/her employment or employ or offer to employ any employee of Tour2.0; and/or

1.1.4 Render services to any customer of Tour2.0; and/or

1.1.5 Canvass, solicit or entice the custom or deal with or supply any goods or services which may in any way be the same or similar to or in competition with the business of Tour2.0; and/or

1.1.6 Solicit appointment as a distributor, licensee, franchisee, agent or representative of any customer of Tour2.0; and/or

1.1.7 Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; and/or

1.1.8 Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content; and/or

1.1.9 Use the Services for any commercial or other purposes that are not expressly permitted by these Terms; and/or

1.1.10 Copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms; and/or

1.1.11 Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; and/or

1.1.12 Interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; and/or

1.1.13 Use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; and/or

1.1.14 Use the Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to Experiences; and/or

1.1.15 “stalk” or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Tour2.0 Traveller; and/or

1.1.16 When acting as a Traveller or otherwise, recruit or otherwise solicit any Guide to join third party services or websites that are competitive to Tour2.0, without Tour2.0’s prior written approval (for clarity and without diminishing any of Term’s rights to enforce these Terms, Tour2.0 may take any legal action if Tour2.0 deems appropriate, including by prosecuting such Member to the fullest extent of the law); and/or

1.1.17 Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer’s Listing); and/or

1.1.18 Use automated scripts to collect information or otherwise interact with the Services; use the Services to find a Guide and then complete a booking of an Experience transaction independent of the Services, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to Tour2.0’s provision of the Services.

Tour2.0 will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Tour2.0 may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. In particular, in the case of any solicitation, you acknowledge that Tour2.0 has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Ownership

The Services (including the Site and Application) are protected by copyright, trademark, and other laws of South Africa and foreign countries. You acknowledge and agree that the Services (including the Site and Application), including all associated intellectual property rights is the exclusive property of Tour2.0 and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services (including the Site and Application).

Tour2.0 Content License

Subject to your compliance with the terms and conditions of these Terms, Tour2.0 grants you a limited, non-exclusive, non-transferable license to access and view any Tour2.0 Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tour2.0 or its licensors, except for the licenses and rights expressly granted in these Terms.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Tour2.0 is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Tour2.0 of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Tour2.0 used herein are trademarks or registered trademarks of Tour2.0. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at feedback@tour2-0.com . You acknowledge and agree that all Feedback will be the sole and exclusive property of Tour2.0 and you hereby irrevocably assign to Tour2.0 and agree to irrevocably assign to Tour2.0 all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Tour2.0’s request and expense, you will execute documents and take such further acts as Tour2.0 may reasonably request to assist Tour2.0 to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

The client and authority

The person requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read, had explained (where applicable), understand and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as ‘the Client’).

Third party service providers

Tour2.0 provides Clients with travel and/or other services either itself or acting as agents for principals engaged in or associated with the travel and tourism industry, such as airlines (‘collectively referred to as ‘the Principal’). Tour2.0 represents the Principals as agents only and accordingly accepts no liability for any loss, damage, illness, harm, injury or death which any Client may suffer as a result of any alteration act or omission on the part of or the failure of the Principals to fulfill their obligations, whether in relation to travel arrangements, accommodation or otherwise unless, in the case of injury or death, it is due to the negligent act or omission of Tour2.0. The contract in use by the Principals (which is often constituted by the ticket issued by the Principal), shall constitute the sole contract between the Principal and the Client and any right of recourse the Client may have, will be solely against such Principal. Tour2.0 will provide the identity and terms and conditions of (or access thereto) all the Principals relevant to the service being provided for the Client’s booking. It’s the Client’s responsibility to familiarise itself with such terms and conditions (‘the Principal’s Conditions’).

Prices

Note that Tour2.0 reserves the right to amend the Tour Price if an unreasonable time lapses between the date the Estimate is submitted to the Client and the date it is returned to Tour2.0. Furthermore, prices are quoted at the ruling daily exchange rate. Until Tour2.0 has received payment of the Tour Price in full, it reserves the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Price prior to making full and final payment. However, once payment of the Tour Price in full is received, the Tour Price is guaranteed (subject to statutory increases such as VAT). Should it be a group booking and the group number deviate from the number required for the Booking, Tour2.0 reserves the right to re-cost the Tour Price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, Tour2.0 reserves the right to cancel the tour and retain any payment made.

Insurance

It is strongly advised that all Clients take out adequate insurance cover such as cancellation due to illness, accident or injury personal accident and personal liability, loss of or damage to baggage and sports equipment (Note that is not an exhaustive list). Tour2.0 will not be responsible or liable if the Client fails to take adequate insurance cover or at all. It shall not be obligatory upon Tour2.0 to effect insurance for the Client except upon detailed instructions given in writing and all insurance affected by Tour2.0 pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk, and Tour2.0 shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only. Once the insurance has been confirmed and paid for, the Client will be issued with a policy document of the insurer. It is a complex document, which must be read BEFORE YOU initiate your travel so that you can address any queries you may have to the insurer PRIOR to your departure.

Please note that various credit card companies offer limited levels of travel insurance, which Tour2.0 does not consider sufficient cover for international travel. Kindly check with the respective credit card companies in order to obtain the specific details of the cover.

Travel documents

Documents (vouchers, itineraries etc) are only prepared and released on receipt of payment of Tour Price in full.

Passports, Visas & Health

It is the entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with Tour2.0 before travelling. Tour2.0 will endeavour to assist the Client but such assistance will be at Tour2.0's discretion and the Client acknowledges that in doing so, Tour2.0 is not assuming any obligation or liability and the Client indemnifies Tour2.0 against any consequences of non-compliance. It is the Client’s duty to familiarise him/herself with the inherent dangers of and mental and/or physical condition required for the Proposed Travel Arrangements. Please note that All visitors to South Africa and all clients who are travelling from RSA to another country are required to have a minimum of three blank pages in their passport excluding the front and back cover to enable the entry visa to be issued – However in each case a further enquiry should be addressed to the consulate or embassy of the relevant countries being visited. If there is insufficient space in the passport entry will be denied and the person is likely to be detained pending return to their country of origin. Please ensure that all passports are renewed. The Client must ensure that the details supplied to Tour2.0 mirror those details shown on their passport for international travel and ID documents for local travel.

Malaria and other tropical diseases: warning

Certain parts covered by your itinerary are areas where there is a high-risk of malaria and other tropical diseases. We strongly recommend that the necessary precautions be taken in this regard and recommend that you check with your medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon your arrival in Africa or any other tropical or sub-tropical destination. If you have not done so prior to departure, it is imperative you do so upon your return.

Breakaways

While it is possible to break away from planned holiday itineraries, it is understood that such breakaways will be for the Client’s account.

Law & Jurisdiction

South African law and the jurisdiction of South African courts will govern the relationship between the Client and Tour2.0 ,Tour2.0 shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.

Special requests

Client, who has special requests, must specify such requests to Tour2.0 in the Enquiry. Whilst Tour2.0 will use its best endeavours to accommodate such requests, it does not guarantee that it will.

Confidentiality

Subject to statutory constraints or compliance with an order of court, Tour2.0 undertakes to deal with all Client information of a personal nature on a strictly confidential basis.

Dispute-Resolution

Any and all dispute arising out of or in connection with the Conditions including any question regarding its existence, validity or termination, shall be dealt with as follows:

  1. Firstly the parties will meet within 5 (five) working days of the dispute arising in an attempt to resolve the matter amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Johannesburg within two (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules. The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.
  2. Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application.
Disclaimers

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TOUR2.0 DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY TRAVELLER OR GUIDE, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES (INCLUDING THE SITE AND APPLICATION) ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TOUR2.0 EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TOUR2.0 MAKES NO WARRANTY THAT THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY EXPERIENCES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TOUR2.0 MAKES NO WARRANTY REGARDING THE QUALITY OF ANY EXPERIENCES, THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TOUR2.0 OR THROUGH THE SITE, APPLICATION, SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. TOUR2.0 EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELLER OR OTHER THIRD PARTY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES OR BOOKING OF ANY EXPERIENCES VIA THE SERVICES REMAINS WITH YOU. NEITHER TOUR2.0 NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY EXPERIENCE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TOUR2.0 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnification and Release

You agree to release, defend, indemnify, and hold Tour2.0 and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services or your violation of these Terms and (b) your (i) booking of an Experience, (ii) the use, condition or quality of an Experience, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participating in or booking an Experience.

Reporting Misconduct

If you participate in an Experience with anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Tour2.0 by contacting us with your police station and report number at terms@tour2-0.com ; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

These Terms, the Privacy Policy, our Traveller Refund Policy and our Copyright Policy collectively constitute the entire and exclusive understanding and agreement between Tour2.0 and you regarding the Services and any bookings of Experiences made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Tour2.0 and you regarding bookings or listings of Experiences and the Services.

Assignment

You may not assign or transfer the Experience these Terms, by operation of law or otherwise, without Tour2.0’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Tour2.0 may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Tour2.0 (i) via post to the physical address that you provide or (ii) by posting to the Site or via the Application or (iii) via email (in each case to the address that you provide). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Tour2.0 to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tour2.0. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Tour2.0

If you have any questions about these Terms or any Application, please contact Tour2.0 at terms@tour2-0.com.

Privacy Policy
Privacy Policy

Tour2.0 Global Writers (Pty) Ltd (“Tour2.0”, “our”,“we” or “us”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.tour2-0.com (the “Site”) and any related applications (the “Application”) and otherwise, through the Service. This Privacy Policy applies only to information that you provide to us through the Service. This Privacy Policy may be updated from time to time. We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by means of a notice via the Service prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Unless otherwise defined in this Privacy Policy, terms used and capitilized in this Privacy Policy have the same meanings as used or defined in our Terms of Service (at www.tour2-0.com).
As used in this policy, the terms “using” and “processing” (which includes to ‘collect, disseminate or merge’ as envisaged in the Protection of Private Information Bill) information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within South Africa or internationally.

International Transfer

YOUR INFORMATION MAY BE TRANSFERRED TO - AND MAINTAINED ON - COMPUTERS LOCATED OUTSIDE OF YOUR STATE, PROVINCE, COUNTRY OR OTHER GOVERNMENTAL JURISDICTION WHERE THE PRIVACY LAWS MAY NOT BE AS PROTECTIVE AS THOSE IN YOUR JURISDICTION. IF YOU ARE LOCATED OUTSIDE OF SOUTH AFRICA AND CHOOSE TO PROVIDE INFORMATION TO US, TOUR 2.0 TRANSFERS PERSONAL INFORMATION TO SOUTH AFRICA AND PROCESSES IT THERE. YOUR CONSENT TO THIS PRIVACY POLICY FOLLOWED BY YOUR SUBMISSION OF SUCH INFORMATION REPRESENTS YOUR AGREEMENT TO THAT TRANSFER.

Information Collection and Use

Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content (collectively, the “Service”), to administer your use of the Service and to enable users to enjoy and easily navigate the Service.

Personally Identifiable Information

When you choose to book an Experience we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Identity Information”). Identity Information includes, but is not limited to, your name, phone number, email address, identity number, and home postal address. In order to process some of your transactions through the Service , we may also ask for your credit card number and other billing information (“Billing Information”) (Identity Information and Billing Information together, “Personal Information”). If the address associated with a Listing you post matches that of your credit card billing address, that address would be considered Identity Information. Some Personal Information may be required, like your name and email address, and other Personal Information may be optional, like your date of birth. We use your Personal Information to provide the Service and administer your inquiries.

We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Tour2.0 Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how the Service is used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

We also use your Personal Information to contact you with Tour2.0 newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer bucket to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications. Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.

Log Data

When you visit the Service, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer's Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to the Service, pages of the Service that you visit, the time spent on those pages, information you search for on the Service, access times and dates, and other statistics. We use this information to monitor and analyze use of the Service and for the Service’s technical administration, to increase the Service’s functionality and user-friendliness, and to better tailor the Service to our visitors' and users’ needs. We also use this information to verify that visitors to and users of the Service meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information. Cookies Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. Our cookies help provide additional functionality to the Services and help us analyze Services usage more accurately. For instance, our Services may set a cookie on your browser that allows you to access the Services without needing to remember and then enter a password more than once during a visit to the Services. In all cases in which we use cookies, we will not collect Personal Data except with your permission. Third party advertisers on the Service may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. We may also use Flash cookies, which operate differently than browser cookies and cookie management tools available in a web browser may not remove flash cookies. To learn more about and manage flash cookies you can visit adobe.com and make changes at the privacy settings panel. If you do not accept cookies, however, you may not be able to use all portions of the Service or all functionality of the Service.

Web Beacons

Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs), which would be used along with cookies to compile aggregated statistics to analyze how the Service is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This would allow us to gauge the effectiveness of our customer communications and marketing campaigns.

Phishing

Identity theft and the practice currently known as “phishing” are of great concern to Tour2.0. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.

Information Sharing and Disclosure

Aggregate Information and Non-Identifying Information

We may share aggregated information that does not identify you personally and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not identify you personally.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and Application-related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of Tour2.0 Users and improvement of the Service's features) or to assist us in analyzing how our Service is used. These third parties may have access to your Personal Information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose. You can, at any time, opt out of receiving such communications. Third party vendors, like Google, may use cookies to serve ads based on a Tour2.0 User's prior visits to Tour2.0. You can disable these specific cookies that track prior visits for the sake of follow-up advertising by opting out at http://www.google.com/privacy_ads.html.

Compliance with Laws and Law Enforcement; Guarantee Program

Tour2.0 cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Tour2.0 or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary or appropriate to protect the property and rights of Tour2.0 or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

Business Transfers

Tour2.0 may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Security

Tour2.0 takes reasonable steps to protect the Personal Information provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Information to Tour2.0 via the Internet.

Links to Other Websites

Our Site and Application may contain links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Testimonials

With your consent we may post your testimonial on the Service along with your name. If you want your testimonial removed please contact us.

Our Policy toward Children

The Service is not directed to individuals under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at terms@tour2-0.com

Refund Policy
Traveller Refund Policy Terms

These terms and conditions govern the Tour2.0 Traveller Refund Policy (the “Traveller Refund Policy”) available to Travellers who book and pay for an Experience listed on the Tour2.0 platform (the “Site”) and suffer a Travel Issue and the obligations of the Guide associated with the Traveller Refund Policy.

Travel Issue. A “Travel Issue” means any one of the following:

a) The Guide of the Experience (i) cancels a reservation within 24 hours before the scheduled start of the reservation, (ii) fails to arrive for the Experience within 20 minutes of the scheduled start time, or (iii) fails to provide the Traveller with the reasonable ability to access the Experience (e.g., by allowing the Traveller access to the space in which the Experience will happen or begin if applicable).


b) The description of the Experience in the stories on the Site is materially inaccurate with respect to (i) the duration of the Experience, (ii) the content of the Experience (including but not limited to the stated activities or sites, as applicable), or (iii) the physical location of the Experience. c) During the Traveller’s Experience, conditions do not meet safety or health hazards that would be reasonably expected, given the nature of the particular Experience, in Tour2.0’s judgment.

The Traveller Refund Policy

If you are a Traveller and suffer a Travel Issue, we agree, at our sole and unfettered discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by Tour2.0 in our sole and unfettered discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Experience which in our determination is reasonably comparable to the Experience described in your original reservation in terms of content and quality. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference. All determinations of Tour2.0 with respect to the Traveller Refund Policy, including without limitation the size of any refund, shall be final and binding on the Travellers and Guides.

b) The description of the Experience in the stories on the Site is materially inaccurate with respect to (i) the duration of the Experience, (ii) the content of the Experience (including but not limited to the stated activities or sites, as applicable), or (iii) the physical location of the Experience. c) During the Traveller’s Experience, conditions do not meet safety or health hazards that would be reasonably expected, given the nature of the particular Experience, in Tour2.0’s judgment.

Conditions to Claim a Travel Issue

Only a Traveller may submit a claim for a Travel Issue. If you are a Traveller, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:


a) You must report the Travel Issue to Tour2.0 in writing (at terms@tour2-0.com) or via telephone and provide us with information (including evidence) about the Experience and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue;


b) You must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence); and


c) You must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Guide prior to making a claim for a Travel Issue (and you must provide evidence of having done so).

General Provisions

a) No Assignment/No Insurance. This Traveller Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Traveller, and the Traveller has not paid any premium in respect of the Traveller Refund Policy. The benefits provided under this Traveller Refund Policy are not assignable or transferable by you.


b) Modification or Termination. Tour2.0 reserves the right to modify or terminate this Traveller Refund Policy, at any time, in its sole discretion, and without prior notice. Such changes will be posted on our website from time to time so please peruse the website before booking a Service.


c) If Tour2.0 modifies this Traveller Refund Policy, we will post the modification on the Site or provide you with notice of the modification and Tour2.0 will continue to process all claims for Travel Issues made prior to the effective date of the modification.


d) Entire Agreement and Definitions. This Traveller Refund Policy constitutes the entire and exclusive understanding and agreement between Tour2.0 and you regarding the Traveller Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Tour2.0 and you regarding the Traveller Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Tour2.0 Terms of Service.


e) Limitation of Liability. IN NO EVENT WILL TOUR2.0’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS TOUR2.0 POLICY TERMS, EXCEED THE AMOUNT OF THE EXPERIENCE FEES COLLECTED BY TOUR2.0 FROM THE TRAVELLER. YOU ACKNOWLEDGE AND AGREE THAT, BY BOOKING AN EXPERIENCE OR OTHERWISE USING THE SITE, SERVICES AS A TRAVELLER, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.

Contacting Tour2.0

If you have any questions about these Traveller Refund Policy, please contact Tour2.0 at terms@tour2-0.com

User Policy
1. Sign Up / Registration / Opening of a User Account

1.1 Opening of a User Account

Prior to booking an Experience on www.tour2-0.com , you need to open a user account and register. When you register, you will enter personal information that will, as far as necessary, be forwarded to the mediated to the tour supplier during the course of the booking process.


1.2 Eligibility to register

Registration is restricted to actionable persons. In the case of registration of a company or a legal body, the person conducting the registration must have proper authorization to act in the name of the company or legal body, respectively. There is no entitlement to registration or use of the booking platform.
You need to register with your official name. Registrations under a pseudonym are not allowed. Tour2.0 may delete accounts under wrong names, pseudonyms etc.


1.3 Number of User Accounts

The registration of more than one user account for the same natural or legal person is not allowed. The user account is not transferable.


1.4 Truthful information

You are required to provide accurate information and keep it up to date. Tour2.0 is not liable, if a booked service cannot be carried out or other damages occur, because of outdated information.


1.5 Communication

If you book a certain service, all booking and payment processes, cancellation of the booking etc. need to be conducted using the specific forms on the Tour2.0 platform, to which you receive links in the e-mails Tour2.0 sends you upon completion of the booking process. Otherwise there may be difficulties in the proper completion or termination of the contract. In this case, Tour2.0 is not liable.


1.6 No offers

The published tours, packages and other services are non-binding offers.


1.7 Booking process

If you decide to book a specific Experience, you need to make the request through the relevant booking interface on the Tour2.0 website and enter accurate information. The request needs to be dispatched by pressing the Book instantly button.


1.8 Obligation concerning the Request

You are bound to your request (offer) for two work days. For calculation of time, the time zone of the service provider is authoritative.


1.9 Acceptance of Tour2.0

If the requested Experience is available on the proposed booking date, Tour2.0 will answer your request within the given period of time. Upon the acceptance of the request, the contract between you and Tour2.0 provider becomes effective. The charges for the booked service will be deducted from your credit card or bank account. If Tour2.0 declines the request, the contract between you and Tour2.0 does not become effective. You will be notified for the acceptance or non-acceptance of your request via e-mail.


1.10 Eligibility Requirements

Tour2.0 may set eligibility requirements for the various products on our platform. These you will find in the Details of the tour tab within each Experience page. You are self-responsible to fulfill these requirements. The service provider is entitled to disapprove or exclude you from a certain service, in case that you do not fulfill the requirements. In this case, there will be no refund.


1.11 Cancellation of a booking

If you need to cancel a booked service, it is mandatory to do this through the booking confirmation email that you receive or by contacting Tour2.0 directly. Please see our cancellation policy.


2. Review System

2.1 Review System

Upon completing an Experience, you have the opportunity to review the booked service using the Tour2.0 review system. The Tour2.0 Review System aims to create a meaningful and accurate profile of the performance, reliability and trustworthiness of the service provider.


2.2 True and accurate assessment

You are obliged to make only factual and truthful statements. Inaccurate, irrelevant, insulting comments etc. are to be omitted. Tour2.0 explicitly reserves the right to delete such reviews without giving further reasons. Tour2.0 also has the right to exclude you from further use of the Tour2.0 Platform and to delete your account. Tour2.0 and affected service providers reserve the right for further legal action, in particular compensation of damages.


3. Legal relationship with Tour2.0

3.1 Position of Tour2.0

Tour2.0 provides a platform by facilitating the booking of an Experience between you and the service provider of your choice. The contract relating to the service booked is solely between you and the supplier of the service. Tour2.0 is not a contractual partner for the booked service. Tour2.0 acts solely as the mediator between you and the supplier of the tour or touristic service.


3.2 Your liability

If you cause any damage to Tour2.0, you will be held responsible for it. You are in particular responsible for your entries in the "Review System".


3.3 Liability of Tour2.0

If you make a booking, Tour2.0 is only liable to you in cases of gross misconduct (including gross negligence). Tour2.0 is not liable for slight negligence, auxiliary persons, and the mediated supplier and their auxiliary persons. The liability is limited to the immediate damage, excluding consequential damages, loss of profit etc. The liability for punitive damage compensation is also excluded. Further limitations of liability or liability exclusions in these Terms or applicable legal provisions are reserved. The liability for computer viruses, spyware programs, and other damages caused by computer programs is excluded.
If you are an unregistered visitor and have not made a booking yet, you are subject to the General Terms of Use.